R v Valentine - [2019] NSWDC 201

District Court

New South Wales

Medium Neutral Citation: R v Valentine [2019] NSWDC 201
Hearing dates: 24 May 2019
Decision date: 24 May 2019
Jurisdiction: Criminal
Before: Noman SC DCJ
Decision:
Offender sentenced to an aggregate sentence of 22 years imprisonment with a non–parole period of 13 years.

Catchwords:
CRIME – historical sexual offences – indecent assault – buggery – rape – assault occasioning actual bodily harm – assault – indecent assault on a male
SENTENCING - victim under authority – penalties – imprisonment – special circumstances
Legislation Cited: Crimes Act 1900 (NSW) ss 59, 61, 63, 76, 79, 81.
Cases Cited: PH v R [2009] NSWCCA161
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Frank Valentine (Offender)
Representation: Counsel:
Donna Daleo (Crown)
April Francis (Offender)

File Number(s): 2016 /168451
Publication restriction: Non-publication order re identities of the complainants or the name of one of the institutions.

Judgment

Note: Court order made in unrelated proceedings directing that there be no publication of the name of the institution for girls or derivatives, or any material that would identify that institution, in connection with allegations of mistreatment, assault or sexual assault.

The offender appeared for trial at Sydney District Court on 11 February 2019. The trial proceeded as a judge alone trial.
The offender was arraigned on an indictment containing 39 counts of both sexual and personal violence offences contrary to provisions in the Crimes Act concerning, initially, eight victims. Pleas of not guilty were entered to all counts.

Counts 25-34

During the trial, on 4 March 2019, the DPP directed that there be no further proceedings on counts 25 - 34 which all related to one complainant. The trial proceeded with 7 complainants.

Count 23

KV described an incident. I accepted that the incident described occurred but determined that there was a reasonable possibility that KV was mistaken in her nomination of the offender.
I found the offender not guilty of count 23, a count of indecent assault.

Counts 13-19

Count 17 was a verdict by direction at the close of the prosecution case on 12 March 2019. I also found the offender not guilty of counts 13 -16 and 18 -19.
The evidence concerned the period 1971 through to 1974 when the offender was employed by the Department of Welfare at [suppressed] and then the Daruk Boys Training School [“Daruk”]. He was employed at [suppressed] from 18 January 1971 until 16 July 1973 and then at Daruk from 17 July 1973 until 20 February 1975.
In providing reasons for my verdicts I detailed a number of findings. I do not propose to reiterate all of those findings. To the extent required, the reasons for sentence are informed by my reasons and findings on verdict.
The offender is to be sentenced for his offending upon 6 victims. The offences proven were committed within a 3 year period. The 21 offences were committed on 16 separate days. The evidence does not allow for precision on the sequencing of all the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Valentine

Details

AGLC: R v Valentine [2019] NSWDC 201
Case: [2019] NSWDC 201
Decision Date: 24 May 2019

CaseChat Overview and Summary

The case of R v Valentine was heard in a court where the accused, Valentine, faced a multitude of charges relating to historical sexual offences. These charges included indecent assault, buggery, rape, assault occasioning actual bodily harm, assault, and indecent assault on a male. The court was tasked with determining the appropriate sentencing for these serious offences, considering the impact on the victims and the need for punishment and deterrence.

The legal issues before the court were the determination of the appropriate penalties for each offence, the consideration of any special circumstances that might warrant a departure from the usual sentencing guidelines, and the imposition of an aggregate sentence that adequately reflected the seriousness of the crimes. The court also had to consider the principle of parity, ensuring that the sentences for similar offences were consistent with those imposed in comparable cases. The overarching objective was to achieve a just outcome that balanced the rights of the offender with the need to protect society and provide some measure of justice to the victims.

In reaching its decision, the court carefully weighed the evidence and submissions from both the prosecution and the defence. The court acknowledged the profound impact of Valentine's crimes on the victims and the necessity of imposing penalties that reflected the gravity of the offences. It considered the aggravating and mitigating factors, ultimately determining that an aggregate sentence of 22 years imprisonment was appropriate, with a non-parole period of 13 years. This sentence was intended to provide a strong deterrent, ensure the protection of society, and offer some measure of justice to the victims.

The court made clear orders regarding the aggregate sentence and the non-parole period, providing definitive guidance on the terms of Valentine's imprisonment. This comprehensive and carefully considered sentence aimed to address the severity of the offences while also adhering to legal principles and precedents.

Orders

Orders of the court

Offender sentenced to an aggregate sentence of 22 years imprisonment with a non–parole period of 13 years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Valentine [2019] NSWDC 201
Hearing dates:	24 May 2019
Decision date:	24 May 2019
Jurisdiction:	Criminal
Before:	Noman SC DCJ
Decision:	Offender sentenced to an aggregate sentence of 22 years imprisonment with a non–parole period of 13 years.
Catchwords:	CRIME – historical sexual offences – indecent assault – buggery – rape – assault occasioning actual bodily harm – assault – indecent assault on a male SENTENCING - victim under authority – penalties – imprisonment – special circumstances
Legislation Cited:	Crimes Act 1900 (NSW) ss 59, 61, 63, 76, 79, 81.
Cases Cited:	PH v R [2009] NSWCCA161
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Frank Valentine (Offender)
Representation:	Counsel: Donna Daleo (Crown) April Francis (Offender)
File Number(s):	2016 /168451
Publication restriction:	Non-publication order re identities of the complainants or the name of one of the institutions.